DOCSLIB.ORG

Natural Death Vs Civil Death

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Natural Death Vs Civil Death ISSN 2039-2117 (online) Mediterranean Journal of Social Sciences Vol.5 No.22 ISSN 2039-9340 (print) MCSER Publishing, Rome-Italy September 2014 NATURAL DEATH VS CIVIL DEATH Valbona ALİKAJ [email protected] D DOI:10.5901/mjss.2014.v5n22p320 Abstract Death is an inevitable phenomenon, which implies the termination of the life of persons. All over the world, in a day, a large number of children are born, but unfortunately also a large number of people die because of illness, age, homicide, suicide or poverty. Death is not only a biological process, as at the same time it affects directly the legal capacity of a person. Therefore the natural death of the person is seen as a cause that brings legal consequences at its verification. Being considered as a natural phenomenon as well as legal, death is considered as a legal fact with which legislations bind the beginnings, changes or terminations of legal. Legal capacity of a person, as a condition to undertake rights and obligations, is the determining element to gain the quality of a natural person. This quality is gained with the birth and terminated with the death. There are special cases, under which it is difficult to verify the natural death of a person for reasons such as: absence of the cadaver or the uncertainty of the circumstances in which the person has been lost or absented. In order to guarantee the legal security and also the conservation of personal and property rights of the person, legislations have provided the declaration of the person dead, which may come as a result of natural disasters, accidents, military actions or as a consequence of declaring before the person missing. This paper aims to make a comparative analysis between the procedure of declaration of a natural death of the person and the procedure of declaring a person dead according to the Albanian legislation. For this reason it will be analyzed the persons who are entitled to make the request for the declaration of the person dead, the legal force of the decision of the court through which the person is declared dead and the necessary time limits for declaring a person dead. Keywords: natural death, civil death, procedure, legitimated persons, declaration of death Introduction Death is the phenomenon of the termination of physiological functions of creatures, including humans. Death as a philosophical concept is "the termination of life on earth, the separation of the soul from the body. The death of the person is the body’s death, passing into the afterlife, in that spiritual..." (Dalya, 1881). Death as a biological concept is the termination of life (Ozhegov, 1953). Death is a legal fact, categorized as a natural event which occupies a special position among other legal facts. This is not only linked with the psychological influence of relatives but, at the same time it directly affects on the legal capacity of a person. Natural death of the person brings the termination of some legal consequences and the beginning of some others. The dead person ends his biologically life, but he continues to remain part of some juridical consequences, because from the juridical point of view it is considered as a legal fact which entails the beginning, the changes or the termination of legal relations. Death is a fact that brings the acquisition of rights and obligations for a group of people. Some legal relationships begin with the verification of death as; property rights and obligations which exceed by the inheritance to the heirs. Instead, some other relationships terminate as the dissolution of the marriage (Art. 123 Family Code of Albania) Beside the natural death of the person, which is due to the termination of all its physiological functions, legislations provide even the civil death, which presumes a possible natural death. As in the case of natural death, even the civil death must be registered in the state civil authorities. There are two ways by which a person can be declared dead natural death, which is certified on a medical report; Civil death which is verified by the court decision which recognizes the person dead (Art. 379 Procedural Code of Albania): a. if for over six years there have been no news from the date of receiving the latest news from the person 320 ISSN 2039-2117 (online) Mediterranean Journal of Social Sciences Vol.5 No.22 ISSN 2039-9340 (print) MCSER Publishing, Rome-Italy September 2014 b. if the person has been lost during military actions and this missing is verified by military authorities, when there is no notice for two years issuing certified by the competent military authorities, when there is no notice for two years from the peace establishing agreement has entered into force or three years from the end of military actions The person missing during a natural disaster or in circumstances which appear to show he is deceased, may be declared deceased by decision of the court, when there have been no notices from him for two years after the disaster has occurred, without necessarily being previously declared missing (Art. 19 Civil Code of Albania); This paper aims to analyze the relevant procedures for each of the ways of declaring a person dead and the legal relations that begin, change or terminate as a result of this declaration . NATURAL DEATH AND THE REGISTRATION IN THE CIVIL REGISTRY The Civil registry the set of personal data of Albanian citizens, foreign citizens and stateless persons who are temporarily or permanently resident in the Republic of Albania and which are registered and kept in the National Civil Registry and which help to certify the birth, the existence, the individuality and the relationships between them (Art. 2/1Law “Civil State"). The Civil registry the set of personal data, that verify the birth, existence, individuality of the citizens and their relations. These facts are to a particular importance because they serve to identify the person and determine relationships between them. These facts are of a particular importance because they serve to identify a physical person and to determine the relationship between him and the others. The registration in civil registry is also important for acquisition of the rights and obligations of the person. Registration of legal facts in the civil registry determines the juridical status of the person in a certain moment, beginning from his legal capacity, the capacity to act and his rights and obligations. The components of the civil registry are: name and surname, identity number, date of birth, place of birth, sex, nationality, motherhood, fatherhood, marital status, death, declaration of missing, residence, domicile and other facts provided by law (Art. 6 “Civil State"). One of the main components of the civil registry is death. The act of registration of death brings the termination of legal capacity of a person and the beginning of legal consequences for relatives and other persons who have been in a legal relationship with the deceased. The procedure of the declaration the natural death The Albanian Law no. 10129, dated 11.05.2009 "On the Civil Registry" provides the declaration of a natural death. Respectively article 52 of this law provides that the declaration of death can be made by any adult family member or a relative of the family and, in their absence, from the compliance officer of the municipality/ commune, in the Civil Registry Office , where the citizen had the domicile/ residence or where the body was found. The citizen is determined as dead, when his death is verified by a medical report, through which is identified the person and determined the time, place and cause of death. When the body can not be identified, or when suspected signs of a violent death are observed the report issued by the forensic expert should be signed by the prosecutor. In the medical report the causes of death are classified due to health, accidental or criminal reasons. The declaration of death should be made within 10 days of the incident, or the finding of the body of the dead person, and within 60 days, when death has occurred abroad (Art.52 Law “Civil State").. For those who die in hospitals, military bases, in prisons, in rehabilitation wards and other institutions are obliged to inform in written form the nearest office of civil registry within 5 days, for deaths occurring in their institutions. With the declaration of death, the civil registry office gives the funeral permission. In the communes who are under the jurisdiction of municipalities where there are not registry office the funeral permission is given by the mayor of the commune. In this case, the mayor of the commune, after the administration of the documents that verify the death, is obligated within five days, to notify the civil state office where the citizen was registered, for the registration of the death certificate. 321 ISSN 2039-2117 (online) Mediterranean Journal of Social Sciences Vol.5 No.22 ISSN 2039-9340 (print) MCSER Publishing, Rome-Italy September 2014 When the civil state office takes the notification of death, from the above institutions and in cases when there are no relatives to make the declaration, it requires the verification from the representatives of the local government. If the death is confirmed, then he compiles the act of death, which must be signed, as appropriate, from the representatives of the local government, the mayor of the commune, the district administrator, or from the representatives of the funeral service, or the representative. The death certificate will be absolutely void when the person, in fact, is not dead, which is confirmed by his physical appearance or his existence after the date of the act of death, in cases of the absence of the body or when the body results of another person (Art.
Load more

Recommended publications
  • County of San Diego Department of the Medical Examiner 2016 Annual
    County of San Diego Department of the Medical Examiner 2016 Annual Report Dr. Glenn Wagner Chief Medical Examiner 2016 ANNUAL REPORT SAN DIEGO COUNTY MEDICAL EXAMINER TABLE OF CONTENTS TABLE OF CONTENTS EXECUTIVE SUMMARY ......................................................................... 1 OVERVIEW AND INTRODUCTION ........................................................... 5 DEDICATION, MISSION, AND VISION .......................................................................... 7 POPULATION AND GEOGRAPHY OF SAN DIEGO COUNTY ............................................ 9 DEATHS WE INVESTIGATE ....................................................................................... 11 HISTORY ................................................................................................................. 13 ORGANIZATIONAL CHART ........................................................................................ 15 MEDICAL EXAMINER FACILITY ................................................................................. 17 HOURS AND LOCATION ........................................................................................... 19 ACTIVITIES OF THE MEDICAL EXAMINER .............................................. 21 INVESTIGATIONS ..................................................................................................... 23 AUTOPSIES ............................................................................................................. 25 EXAMINATION ROOM ............................................................................................
    [Show full text]
  • Piercing the Veil: the Limits of Brain Death As a Legal Fiction
    University of Michigan Journal of Law Reform Volume 48 2015 Piercing the Veil: The Limits of Brain Death as a Legal Fiction Seema K. Shah Department of Bioethics, National Institutes of Health Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Health Law and Policy Commons, and the Medical Jurisprudence Commons Recommended Citation Seema K. Shah, Piercing the Veil: The Limits of Brain Death as a Legal Fiction, 48 U. MICH. J. L. REFORM 301 (2015). Available at: https://repository.law.umich.edu/mjlr/vol48/iss2/1 This Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. PIERCING THE VEIL: THE LIMITS OF BRAIN DEATH AS A LEGAL FICTION Seema K. Shah* Brain death is different from the traditional, biological conception of death. Al- though there is no possibility of a meaningful recovery, considerable scientific evidence shows that neurological and other functions persist in patients accurately diagnosed as brain dead. Elsewhere with others, I have argued that brain death should be understood as an unacknowledged status legal fiction. A legal fiction arises when the law treats something as true, though it is known to be false or not known to be true, for a particular legal purpose (like the fiction that corporations are persons).
    [Show full text]
  • In the Court of Appeals Second Appellate District of Texas at Fort Worth ______
    In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-20-00002-CV ___________________________ T.L., A MINOR, AND MOTHER, T.L., ON HER BEHALF, Appellants V. COOK CHILDREN’S MEDICAL CENTER, Appellee On Appeal from the 48th District Court Tarrant County, Texas Trial Court No. 048-112330-19 Before Gabriel, Birdwell, and Wallach, JJ. Opinion by Justice Birdwell Dissenting Opinion by Justice Gabriel OPINION I. Introduction In 1975, the State Bar of Texas and the Baylor Law Review published a series of articles addressing the advisability of enacting legislation that would permit physicians to engage in “passive euthanasia”1 to assist terminally ill patients to their medically inevitable deaths.2 One of the articles, authored by an accomplished Austin pediatrician, significantly informed the reasoning of the Supreme Court of New Jersey in the seminal decision In re Quinlan, wherein that court recognized for the first time in this country a terminally ill patient’s constitutional liberty interest to voluntarily, through a surrogate decision maker, refuse life-sustaining treatment. 355 A.2d 647, 662–64, 668–69 (N.J. 1976) (quoting Karen Teel, M.D., The Physician’s Dilemma: A Doctor’s View: What the Law Should Be, 27 Baylor L. Rev. 6, 8–9 (Winter 1975)). After Quinlan, the advisability and acceptability of such voluntary passive euthanasia were “proposed, debated, and 1“Passive euthanasia is characteristically defined as the act of withholding or withdrawing life-sustaining treatment in order to allow the death of an individual.” Lori D. Pritchard Clark, RX: Dosage of Legislative Reform to Accommodate Legalized Physician- Assisted Suicide, 23 Cap.
    [Show full text]
  • “Is Cryonics an Ethical Means of Life Extension?” Rebekah Cron University of Exeter 2014
    1 “Is Cryonics an Ethical Means of Life Extension?” Rebekah Cron University of Exeter 2014 2 “We all know we must die. But that, say the immortalists, is no longer true… Science has progressed so far that we are morally bound to seek solutions, just as we would be morally bound to prevent a real tsunami if we knew how” - Bryan Appleyard 1 “The moral argument for cryonics is that it's wrong to discontinue care of an unconscious person when they can still be rescued. This is why people who fall unconscious are taken to hospital by ambulance, why they will be maintained for weeks in intensive care if necessary, and why they will still be cared for even if they don't fully awaken after that. It is a moral imperative to care for unconscious people as long as there remains reasonable hope for recovery.” - ALCOR 2 “How many cryonicists does it take to screw in a light bulb? …None – they just sit in the dark and wait for the technology to improve” 3 - Sterling Blake 1 Appleyard 2008. Page 22-23 2 Alcor.org: ‘Frequently Asked Questions’ 2014 3 Blake 1996. Page 72 3 Introduction Biologists have known for some time that certain organisms can survive for sustained time periods in what is essentially a death"like state. The North American Wood Frog, for example, shuts down its entire body system in winter; its heart stops beating and its whole body is frozen, until summer returns; at which point it thaws and ‘comes back to life’ 4.
    [Show full text]
  • 1 United States District Court Eastern District Of
    Case 2:17-cv-10186-ILRL-MBN Document 30 Filed 07/06/18 Page 1 of 8 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA LUCY CROCKETT CIVIL ACTION VERSUS NO. 17-10186 LOUISIANA CORRECTIONAL SECTION "B"(5) INSTITUTE FOR WOMEN, ET AL. ORDER AND REASONS Defendants have filed two motions. The first seeks dismissal of Plaintiffs’ case for failure to state a claim. Rec. Doc. 11. The second seeks, in the alternative, to transfer the above- captioned matter to the United States District Court for the Middle District of Louisiana. Rec. Doc. 12. After the motions were submitted, Plaintiffs filed two opposition memoranda, which will be considered in the interest of justice. Rec. Docs. 17, 18. For the reasons discussed below, and in further consideration of findings made during hearing with oral argument, IT IS ORDERED that the motion to dismiss (Rec. Doc. 11) is GRANTED, dismissing Plaintiffs’ claims against Defendants; IT IS FURTHER ORDERED that the motion to transfer venue (Rec. Doc. 12) is DISMISSED AS MOOT. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Vallory Crockett was an inmate at the Louisiana Correctional Institute for Women from 1979 until 1983. See Rec. Doc. 1-1 at 2. In May 1983, Vallory Crockett allegedly escaped from custody and was never apprehended. See id. Because authorities did not mount 1 Case 2:17-cv-10186-ILRL-MBN Document 30 Filed 07/06/18 Page 2 of 8 a rigorous search for Vallory Crockett and returned her belongings to her family the day after she purportedly escaped, Plaintiffs claim that she actually died in custody.
    [Show full text]
  • Causes of Death and Comorbidities in Hospitalized Patients with COVID-19
    www.nature.com/scientificreports OPEN Causes of death and comorbidities in hospitalized patients with COVID‑19 Sefer Elezkurtaj1*, Selina Greuel1, Jana Ihlow1, Edward Georg Michaelis1, Philip Bischof1,2, Catarina Alisa Kunze1, Bruno Valentin Sinn1, Manuela Gerhold1, Kathrin Hauptmann1, Barbara Ingold‑Heppner3, Florian Miller4, Hermann Herbst4, Victor Max Corman5,6, Hubert Martin7, Helena Radbruch7, Frank L. Heppner7,8,9 & David Horst1* Infection by the new corona virus strain SARS‑CoV‑2 and its related syndrome COVID‑19 has been associated with more than two million deaths worldwide. Patients of higher age and with preexisting chronic health conditions are at an increased risk of fatal disease outcome. However, detailed information on causes of death and the contribution of pre‑existing health conditions to death yet is missing, which can be reliably established by autopsy only. We performed full body autopsies on 26 patients that had died after SARS‑CoV‑2 infection and COVID‑19 at the Charité University Hospital Berlin, Germany, or at associated teaching hospitals. We systematically evaluated causes of death and pre‑existing health conditions. Additionally, clinical records and death certifcates were evaluated. We report fndings on causes of death and comorbidities of 26 decedents that had clinically presented with severe COVID‑19. We found that septic shock and multi organ failure was the most common immediate cause of death, often due to suppurative pulmonary infection. Respiratory failure due to difuse alveolar damage presented as immediate cause of death in fewer cases. Several comorbidities, such as hypertension, ischemic heart disease, and obesity were present in the vast majority of patients.
    [Show full text]
  • The Time of Death - a Legal, Ethical and Medical Dilemma
    The Catholic Lawyer Volume 18 Number 3 Volume 18, Summer 1972, Number 3 Article 7 The Time of Death - A Legal, Ethical and Medical Dilemma John E. Pearson Follow this and additional works at: https://scholarship.law.stjohns.edu/tcl Part of the Medical Jurisprudence Commons This Article is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in The Catholic Lawyer by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE TIME OF DEATH-A LEGAL, ETHICAL AND MEDICAL DILEMMA Introduction On December 4, 1967 an amazed world learned that a South African physician, Dr. Christian Barnard, had transplanted the heart of one hopelessly injured patient into the body of another man who was dying of advanced cardiac disease.' This unprecedented operation brought the remarkable advances of medical technology over the pre- vious fifty years into sharp focus. The major medical obstacle to suc- cessful transplants had been the body's production of antibodies which reject the introduction of foreign substances into the system. 2 To fight this rejection process, medical scientists developed a substance known as antilymphocyteglobulin (ALG) .3 This substance performed excel- lently in preventing the rejection process. However, it created a new medical problem: ALG retards the production of lymphocytes which create the rejection process but lymphocytes are necessary to fight off infection in the body. This complication meant that doctors might be successful in preventing rejection of a transplanted vital organ only to 4 lose the patient to infection.
    [Show full text]
  • The Prospect of Immortality
    Robert C. W. Ettinger__________The Prospect Of Immortality Contents Preface by Jean Rostand Preface by Gerald J. Gruman Foreword Chapter 1. Frozen Death, Frozen Sleep, and Some Consequences Suspended Life and Suspended Death Future and Present Options After a Moment of Sleep Problems and Side Effects Chapter II. The Effects of Freezing and Cooling Long-term Storage Successes in Freezing Animals and Tissues The Mechanism of Freezing Damage Frostbite The Action of Protective Agents The Persistence of Memory after Freezing The Extent of Freezing Damage Rapid Freezing and Perfusion Possibilities The Limits of Delay in Treatment The Limits of Delay in Cooling and Freezing Maximum and Optimum Storage Temperature Radiation Hazard Page 1 Robert Ettinger – All Rights Reserved www.cryonics.org Robert C. W. Ettinger__________The Prospect Of Immortality Chapter III. Repair and Rejuvenation Revival after Clinical Death Mechanical Aids and Prostheses Transplants Organ Culture and Regeneration Curing Old Age Chapter IV. Today's Choices The Outer Limits of Optimism Preserving Samples of Ourselves Preserving the Information Organization and Organizations Emergency and Austerity Freezing Freezing with Medical Cooperation Individual Responsibility: Dying Children Husbands and Wives, Aged Parents and Grandparents Chapter V. Freezers and Religion Revival of the Dead: Not a New Problem The Question of God's Intentions The Riddle of Soul Suicide Is a Sin God's Image and Religious Adaptability Added Time for Growth and Redemption Conflict with Revelation The Threat of Materialism Perspective Chapter VI. Freezers and the Law Freezers and Public Decency Definitions of Death; Rights and Obligations of the Frozen Life Insurance and Suicide Mercy Killings Murder Widows, Widowers, and Multiple Marriages Cadavers as Citizens Potter's Freezer and Umbrellas Page 2 Robert Ettinger – All Rights Reserved www.cryonics.org Robert C.
    [Show full text]
  • Death Determination
    CENTRAL IOWA HEALTH SYSTEM GRADUATE MEDICAL EDUCATION COMMITTEE POLICY ON DEATH DETERMINATION The Graduate Medical Education Committee has adopted the UnityPoint Health - Des Moines Death Determination Policy (Policy: UPHDM009) as the Graduate Medical Education Committee policy on death determination. The most current copy of this policy can be found on the intranet under the DocuCenter link. TITLE: ADULT AND PEDIATRIC DEATH DETERMINATION POLICY: UPHDM009 ______________________________________________________________________________ I. PURPOSE To provide current guidelines, in accord with the Uniform Determination of Death Act for the determination of death in an individual. To provide guidelines for who can pronounce death and to outline the procedure for determination of death. II. POLICY It is the policy of UnityPoint - Des Moines (UPHDM) that we comply with all applicable laws regarding determination of death, including brain death. Our policy is that we allow physicians on staff, residents and nurses to determine death, each under specific circumstances. II. DEFINITIONS A. Death: An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brainstem, is dead. A determination of death must be made in accordance with accepted medical standards. B. Child: Birth to 18 years of age. III. PROCEDURE A. General Procedures for Circulatory and Respiratory Death: 1. When a patient dies on a designated teaching service, residents are expected to pronounce death. 2. For non-teaching patients, the attending physician will be called to come and determine death. 3. In certain cases of an anticipated death, the attending physician may ask the nurse designee to pronounce death.
    [Show full text]
  • Litigating Against the Death Penalty: the Strategy Behind Furman
    The Yale Law Journal Volume 82, Number 6, May 1973 Litigating Against the Death Penalty: The Strategy Behind Furman Mfichael Meltsner In Furman v. Georgia the Supreme Court, by a vote of five to four, declared capital punishment as administered under discretionary death penalty statutes cruel and unusual and thus in violation of the Eighth and Fourteenth Amendments. In confronting the issues in Furman, the Court was put in the position of either finding some formulation for holding the death penalty unconstitutional or sending hundreds to their deaths. The Court was put in this impossible position largely because in previous years only a small portion of those convicted of capital crimes had actually been executed. The understandable re- luctance of prosecutors, jurors, trial and appellate judges, and gover- nors to administer the death penalty had been exploited by the cadre of lawyers associated with the NAACP Legal Defense Fund and the American Civil Liberties Union. From 1963 onward, they planned and argued a series of cases designed to eliminate capital punishment in an artfully coordinated litigation campaign. In Cruel and Unusual: The Supreme Court and Capital Punish- ment,'. Professor Michael Meltsner of Columbia University,2 one of these lawyers, relates the history of the recent abolitionist movement -a history which is relevant not only for those who must consider the present efforts to restore the death penalty, but especially for those lawyers and judges planning or facing concerted litigative strategies in constitutional, civil rights, or poverty law cases. In this edited ex- cerpt from his book, Professor Meltsner describes the birth of the 1.
    [Show full text]
  • Brain Death and Prolonged States of Impaired Responsiveness
    Denver Law Review Volume 58 Issue 3 Article 5 February 2021 Brain Death and Prolonged States of Impaired Responsiveness Stuart A. Schneck Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Stuart A. Schneck, Brain Death and Prolonged States of Impaired Responsiveness, 58 Denv. L.J. 609 (1981). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact [email protected],[email protected]. BRAIN DEATH AND PROLONGED STATES OF IMPAIRED RESPONSIVENESS STUART A. SCHNECK, M.D.* INTRODUCTION The related issues of brain death and prolonged states of impaired con- sciousness were recently addressed in the significant decision of Lovato v. Dis- tnct Court,1 delivered by Justice Groves of the Supreme Court of Colorado, on October 15, 1979. This article will discuss these and related questions from the perspective of a clinical neurologist active in a university teaching hospital who confronts these issues very frequently and is required to render an operational decision for particular patients. The author wishes to caution readers that many viewpoints in this work are personal and encourage those who may wish to explore these topics further to consult the published pro- ceedings of the New York Academy of Sciences meeting held in November 1978,2 which is an excellent source for medical, legal, and ethical informa- tion. I. BRAIN DEATH For clarity, certain terms will be defined now, while others will be ex- plained as they occur later in the discussion.
    [Show full text]
  • Euthanasia: Criminal, Tort, Constitutional and Legislative Considerations William H
    Notre Dame Law Review Volume 48 | Issue 5 Article 6 6-1-1973 Euthanasia: Criminal, Tort, Constitutional and Legislative Considerations William H. Baughman John C. Bruha Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Part of the Law Commons Recommended Citation William H. Baughman & John C. Bruha, Euthanasia: Criminal, Tort, Constitutional and Legislative Considerations, 48 Notre Dame L. Rev. 1202 (1973). Available at: http://scholarship.law.nd.edu/ndlr/vol48/iss5/6 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. SURVEY EUTHANASIA: CRIMINAL, TORT, CONSTITUTIONAL AND LEGISLATIVE CONSIDERATIONS CONTENTS I. Introduction ----------------------------------------------------------------------------------------1203 II. Criminal Law .--------------.-.----------.-.-----.......................-------------------------- 1203 A. The Common Law Tradition ---------------------...............----------------- 1203 B. Aiding and Abetting Suicide ---------------------------------------- ---- ------.1206 C. Euthanasia by Omission ---------------------------------------.---------------------1207 D. Time and Definition of Death ----------........................------------- 1210 E. The Law in Practice ---------.-.----.----------....-----...................---------- 1213 F. Alternatives -------------------------------------..............----------------------------
    [Show full text]